Just a few thoughts, that you might (on reflection of your post) come to agree with?

>
You want to exclude the people who were astute enough not to apply for names that
had already been taken during Sunrise?

Those astute people did not take the risk
that the generic words would not be allowed, being false applications - did they?

No
- I am not one of Landrushers.

> And restrict Landrush II to those who were
foolish enough to apply for names that were already taken during Sunrise (or who
applied before Sunrise was over, taking the risk that the name would be taken) ?

These
'so-called' foolish people took the gamble - did they not?

They acted with honor
and applied in Landrush - IMO they are not foolish.

> All the registrars who
understood the process cleaned their Landrush queues of all names taken during Sunrise.
(Whether they refunded pre-reg fees for those names is another matter.)

The registrars
could not say if the Sunrise applicant was true. The trademarks were not checked
to see if applicant owned it - were they?

So, the domain might not have been awarded
to Sunrise applicant and should have been awarded to Landrusher - should it not?

I
do not want Afilias and registrars to profit further from this fraud - do you?